where is a site boundary measured from?

I'm trying to figure out where my site boundary is measured from on the road side. From my site's side there is a 4 foot bank with trees growing on top which sweeps down into a wide grass ditch which then slopes up to meet the road on the other side. My understanding was that my bounday would be measured from the centre of the bottom of the ditch. However my builder is saying my boundary is measured from the centre of the bank with the trees on it. This makes no sense to me as i own the trees and if the boundary is measured from there that would imply the council would half own them also. But they are on my side of the ditch. Does anyone know the answer? Thanks!

Normally the ditch is formed by digging out the ground and throwing the earth behind you to form the bank.

Title can vary depending on where it was on the day the ditch was dug.

Often you'll see 6ff on old country maps which I was told means 6 feet from face of fence, with the fence on the top of the bank and it may be six feet to the far edge of the ditch or the centre depending on the special conditions.

You'll also see title on country leasehold or free hold going to the centre of the roadway.

The council may control only the surface of the road.

Really, you need to direct this question to your solicitor and local survey who should know well the land you bought as well as any irregularity from the norn in relation to the boundary definition.

ONQ.

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All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.

thanks onq. From my understanding when measuring off land/sites for deed purposes, you measure it from the centre of the road, which would have been done in my case when the site was being put in my name.

However i believe the actual site boundary is a different matter. I'm just trying to figure out where the front of my house will be. The block plan just has a measurement from the site boundary to the front wall...However if the builder chooses to measure the site boundary from the centre of the bank and not the centre of the ditch, it'll push the house back an extra 6 feet or so which I don't want to lose at the moment.

It still makes no sense to me that he would measure from the middle of my hedge on the bank rather than the centre of the ditch. Of course it all depends on what the councils opinion would be if they come out to measure during the build. I had to send the builders home today until I get a definitive answer so I can get the house marked out correctly.

You need to talk to your planning officer in relation to any required set back.

However on a country site you also need to have the percolation area and the septic tank placed fairly accurately too, especially if you have a well on site.

There are minimum distances from the house to the tank and percolation area and from the percolation area to the well, IIRC.

ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.

I will have the required set back distances and lots of room for percolation etc. I just really need to know where the actual site boundary should be measured from: the bank on my side or the centre of the ditch.

bb12 said:

I will have the required set back distances and lots of room for percolation etc. I just really need to know where the actual site boundary should be measured from: the bank on my side or the centre of the ditch.

Click to expand...

The set back on planning is what you work to in order to comply with planning.
This relates the position of the house to physical features, not legal boundaries.
These are shown on the:

• 1:1000 scale Site Location OS Map
• 1:500 scale site Layout Plan

You were required to submit these with your planning application.

Unless you're very close to a legal boundary - and it sounds like you aren't - then the position of the legal boundary may be largely irrelevant.
Legal boundaries deal with issues of trespass and rights, proximity of percolation areas to boundaries, etc.
Other issues may be far more important, for example:

• are you prepared to leave an open ditch that could provide harbourage for vermin across the front of your property
• are you prepared to leave a water filled ditch proximate to where children might play
• are you going to cause upstream flooding problems by culverting it

Your architect, engineer and solicitor should be in a good position to answer these questions.
The issue may be whether or not you own the ditch to allow you address these issues.

ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.